Palisades Janitorial Solicitation 2021_Final_Mod1.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1028508

7. FOR SOLICITATION

INFORMATION CALL:

Sierra Hellstrom, Contract Specialist

801-940-4935

05/20/2021 at 1:00 p.m. MST

9. ISSUED BY:

FOB DESTINATION

UNLESS BLOCK IS

MARKED

|_| SEE SCHEDULE

12. DISCOUNT TERMS

Intermountain Zone Forest Service 324 25th Street, Ogden UT 84401

( ) UNRESTRICTED

(X) SET AIDE: 100 % FOR

(X) SMALL BUSINESS

( ) SMALL DISAV. BUSINESS

|X| RFQ |_| IFB |_| RFP

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

FY21 Caribou-Targhee NF, Palisades RD, Janitorial Services See attached Schedule of Items

7. FOR SOLICITATION

INFORMATION CALL:

Tamera Draper, Purchasing Agent

801.975.3370

July 23, 2013 at 1:00 p.m. Local Time (MT)

FOB DESTINATION

UNLESS BLOCK IS

MARKED

|X| SEE SCHEDULE

12. DISCOUNT TERMS

Utah Acquisition Support Center 2222 West 2300 South Salt Lake City, UT 84119

( ) UNRESTRICTED

(X) SET AIDE: 100 % FOR

(X) SMALL BUSINESS

( ) SMALL DISAV. BUSINESS

|_| RFQ |_| IFB |_| RFP

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

(Attach Additional Sheets as Necessary)

|_| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA |_| ARE |_| ARE NOT ATTACHED |_| 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCES FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA |_| ARE |_| ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES

|_| TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE ___________________ OFFER

|_| DATED ______________________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO

THE CONTRACT, EXCEPT AS NOTED

|_| PARTIAL |_| FINAL

42a. RECEIVED BY (Print)

Prescribed by GSA – FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

7. FOR SOLICITATION

INFORMATION CALL:

Tamera Draper, Purchasing Agent

801.975.3370

July 23, 2013 at 1:00 p.m. Local Time (MT)

FOB DESTINATION

UNLESS BLOCK IS

MARKED

|X| SEE SCHEDULE

12. DISCOUNT TERMS

Utah Acquisition Support Center 2222 West 2300 South Salt Lake City, UT 84119

( ) UNRESTRICTED

(X) SET AIDE: 100 % FOR

(X) SMALL BUSINESS

( ) SMALL DISAV. BUSINESS

|_| RFQ |_| IFB |_| RFP

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

(Attach Additional Sheets as Necessary)

|_| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA |_| ARE |_| ARE NOT ATTACHED |_| 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCES FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA |_| ARE |_| ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES

|_| TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE ___________________ OFFER

|_| DATED ______________________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO

THE CONTRACT, EXCEPT AS NOTED

|_| PARTIAL |_| FINAL

42a. RECEIVED BY (Print)

Prescribed by GSA – FAR (48 CFR) 53.212

***See Page 2 for Schedule of Items***

(Attach Additional Sheets as Necessary)

|_| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA |_| ARE |_| ARE NOT ATTACHED |_| 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCES FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA |_| ARE |_| ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES

|X| TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE ___________________ OFFER

|_| DATED ______________________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO

THE CONTRACT, EXCEPT AS NOTED

|_| PARTIAL |_| FINAL

42a. RECEIVED BY (Print)

Prescribed by GSA – FAR (48 CFR) 53.212

Section I.

Schedule of Items

Item 001 BASE YEAR - June 1, 2021-May 31, 2022

Item 002 OPTION YEAR 1 - June 1, 2022-May 31, 2023

Item 003 OPTION YEAR 2 - June 1, 2023-May 31, 2024

Item 004 OPTION YEAR 3 - June 1, 2024-May 31, 2025

Item 005 OPTION YEAR 4 - June 1, 2025-May 31, 2026

(a) QUOTE ON ALL ITEMS. Only quotes to the nearest cent will be accepted.

(b) SET ASIDE. This Request for quotation is set-aside 100% for small business.

(c) PERIOD OF PERFORMANCE: 06/01/2021-05/31/2022 Palisades Ranger District Caribou-Targhee National Forest

3659 EAST RIRIE HIGHWAY

IDAHO FALLS ID 83401-5713

OFFERORS COMPANY INFORMATION:

Name of Company (please print):

DUN’s Number:

Printed Name of Company Agent:

Signature of Company Agent:

Date:

Phone Number:

Email Address:

Section II.

2.1. Description/Specifications/Statement of Work

JANITORIAL SERVICES – (Caribou-Targhee National Forest, Palisades Ranger District)

GENERAL SPECIFICATIONS

2.1.1 Scope of Contract - This project consists of performing janitorial and cleaning services for the Palisades Ranger District, in Idaho Falls, Utah.

2.1.2 Description Of Work and Location - The contractor shall furnish all equipment, labor supervision, transportation, supplies and incidentals except Government Furnished property necessary to ensure that custodial services are performed for the PALISADES RANGER DISTRICT OFFICE located at 3659 East Ririe Hwy, Idaho Falls, Idaho, in a manner that will maintain satisfactory facility conditions and present a clean, neat and professional appearance. Standard janitorial practices and proper use of cleaning materials and equipment is required. Cleaning which interferes with Government business shall be avoided. The office is approximately 3900 square feet, and houses 19 employees.

A. CONDUCT OF WORK

Janitorial services shall be performed in accordance with the frequency schedule between the hours of 6:00 p.m. and 6:00 a.m., which may include over the weekend unless otherwise directed by the Contracting Officer’s Representative (COR).

The Contractor shall prevent his/her employees from disturbing papers on desks, opening drawers or cabinets, or using telephones and office machines/equipment, provided for Official Government use, except as authorized, in writing, by the COR, and see that all articles found by contractor employees are turned in to an official of the Forest Service.

B. CONTRACTOR’S RESPONSIBILITY

1. The Contractor shall be responsible for all damages to persons or property that occurs as a result of his/her negligence, as well as that resulting from acts of his/her employees, agents or subcontractors, and the contractor shall save and keep harmless the Government against any or all loss, cost, damage, claims, expense, or liability in connection with the performance of this contract. The Contractor is responsible for loss, theft, damage, or destruction of any Government or personal items belonging or assigned to the occupant or user in any office or other rooms of the facilities when such acts can be proven, beyond a reasonable doubt, to be the fault of the Contractor or one of his/her employees.

The Contractor shall not employ persons for work on the contract if such employee is considered by the COR to be a potential threat to the health, safety, security, general well-being, or operation mission of the Agency.

Anyone employed by the Contractor must be 18 years of age or older. No one under the age of 18 shall be permitted to work in the building or on the premises. The Contractor shall ensure that no one but the Contractor and/or his/her employees have access to the premises.

The Contractor shall inform COR of any items in need of repair/replacement.

2. The Government will not be responsible in any way for damage, fire, theft, accident, or otherwise to the Contractor’s stored supplies, materials, equipment, or to the Contractor’s belongings brought into the building.

3. The contractor shall supply some type of identification that must be worn at all times while on the premises by the Contractor or his/her employees.

4. The Contractor shall inform the COR of any items in need of repair/replacement.

5. Key Control – The contractor will establish and implement methods of ensuring that all keys issued by the Government are kept secure in the Contractor’s possession and are not used by unauthorized persons.

a. Contractors are required to identify all employees who will have routine access to the contract facility and/or routine access to a Federally-controlled information system for a period of six months or more.

b. Keys issued by the Government shall not be duplicated.

c. The Contractor will report the occurrence of a lost key to the Contracting Officer not later than the next duty day.

d. The Contractor will be required to reimburse the Government for replacement of the locks or re-keying as a result of the Contractor loss of keys. In the event a master key is lost or duplicated, all locks and keys for that system will be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

e. It is the responsibility of the Contractor to prohibit the use of keys issued by the Government to persons other than the Contractor’s employees. It is also the responsibility of the Contractor’s employees to prohibit the opening of locked areas by Contractor’s employees to permit entrance of persons other than Contractor’s employees engaged in the performance of assigned work in those areas.

6. Energy Conservation-Contractor shall turn on lights in rooms only during the time needed top perform the required work and shall ensure that all lights, except those required, remaining on, are turned off in each room as it is completed.

Quality A. Quality Assurance of Work – The Contractor and Contracting Officer’s Representative (COR) shall jointly prepare a work schedule, which will become a part of this contract. The schedule may be revised by obtaining written approval from the COR. Work will be completed in a professional manner and workmanship will be clean and neat so as to be appealing to the general public. Contractor shall be responsible for filling in work schedule.

B. The Contractor shall develop and maintain a quality program to ensure the required services are performed in accordance with commonly accepted commercial practices, which may include service checklists or reports. The contractor shall implement procedures to identify, prevent and ensure non-recurrence of defective services. As a minimum, the Contractor shall develop quality control procedures addressing the areas identified in the SOW.

C. The COR (or their designated inspector) will perform bimonthly inspections to evaluate the quality of work being performed. At any time when work is performed and is not in compliance with specifications, the Contractor will be informed and required to correct the deficiencies. Acceptance of work will be determined by inspection of the entire job and will be based on adherence to the specifications. The COR will record the results of these inspections on the Quality Assurance Checklist (Customer Complaint Form) included as Attachment E. Inspection will be conducted more frequently as deemed necessary by the COR. Work shall be considered acceptable if the specifications described in this contract are complied with.

D. Government Remedies – The Contracting Officer shall follow FAR 52.249-8, Default (Fixed Price Supply and Service), for Contractor’s Failure to perform satisfactory services or failure to correct non-conforming services.

2.1.3 Contractor Furnished Property- The Contractor shall furnish to the contractor all equipment, materials, and supplies necessary to perform the janitorial services described herein.

Examples of Contractor-furnished property include, but are not limited to the following items:

Cleaning fluids

Contractor shall notify the Contracting Officer’s Representative if access to Government Furnished Property is needed.

2.1.4 Biobased Products- The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products. The Contractor shall utilize products and material made from biobased materials (e.g., biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR).

The following is an example list of products that may be used in this contract for custodial services for which biobased products are available. The list is not all inclusive. The Contractor may go to the following website for a lit of biobased products http://www.usda.gov/biopreffered. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications:

· All-purpose cleaner

· Degreaser/cleaner

· Heavy duty cleaner

· Deodorizer

· Carpet shampoo

· Floor finish

· Gum Remover

· Floor finish restorer

· Disinfectant sanitizer

· Floor sealer

· Extraction Fluid Furniture polish

· Floor stripper

· Glass cleaner

· Neutral cleaner (liquid) Grout Sealer

· Spot and stain remover Lime and scale remover (tub & tile cleaner)

· Air freshener including dispenser

· Liquid hand soap including dispenser

· Bathroom cleaner

· Stainless steel polish

· Brass polish/cleaner

· Toilet bowl cleaner

· Chrome polish/cleaner

· White board cleaner

· Cream cleaner

· Wood floor cleaner

· Solvent spotter Laundry detergent

For more information regarding the Department of Agriculture Biobased Affirmative Procurement Program go to http://www.usda.gov/procurement /biobased/APP.pdf.

Biobased products that are designated for preferred procurement under USDA’s Bio Preferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content. In addition to the biobased products designated by the U.S. Department of Agriculture in the Bio Preferred Program, the Contractor is encouraged to use other biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

Within thirty (30) days of contract award, the Contractor shall submit an Operations and Maintenance Plan. This submittal shall be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing.

The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

Detail on how the Contractor intends to keep abreast of the development and increasing availability of biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

Proposed biobased custodial products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data will be submitted to the COR quarterly.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product. Therefore we will look for a Contractor who will 1) demonstrate products, and 2) when selected, offer any necessary training to all of the construction staff and 3) be available with technical assistance to trouble shoot problems.

2.1.5 Contractor Representative-The contractor shall provide a contract representative for the performance of the work. The name of this person and any alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor representative and alternate(s) must be able to read, write, speak, and understand English.

2.1.6 Time of Performance-Cleaning services are to be performed five days per week (Monday-Friday). Cleaning is not to interfere with any Government business. Contractor will provide the Government with a work schedule for weekly, quarterly, and semi-annual work to be performed.

2.1.6 Time of Performance-Cleaning services are to be performed five days per week (Monday-Friday). Cleaning is not to interfere with any Government business. Contractor will provide the Government with a work schedule for weekly, quarterly, and semi-annual work to be performed.

2.1.7 Frequency Schedule-

A. Weekly (Monday-Friday)

1. Basic Cleaning Services

a. All carpeted areas are to be vacuumed to remove dirt, dust, and litter, including corners and edges adjacent to wall.

b. Wipe floors, baseboards, corners and walls to keep free of dirt, dust and debris.

c. Wipe down drinking fountain.

c. Spot Clean any glass surfaces on doors.

d. All wastebaskets will have a trash can liner. Wastebaskets shall be emptied, and the wastepaper and trash removed to the main disposal area. All trash will be placed in the tied garbage bag and placed in the trash dumpster outside the building.

e. Wipe down breakroom tables and cabinetry.

f. Dust all furniture including tops of cabinets, bookcases, and office equipment.

g. Dust all windowsills, wall pictures, and ledges throughout all offices, hallways, and restrooms, including window blinds.

h. Dust all door facings and wipe off all counter tops.

i. Clean glass doors in all bookcase sections, to remove all fingerprints and dust.

j. All tile floors are to be mopped using cleaning agent and all black marks are to be removed.

k. Inspect and install needed light bulbs and fluorescent tubes.

l. Keep storage room clean and free of clutter.

2. Restrooms

a. Floors shall be swept and wet mopped or scrubbed with a disinfectant as needed.

b. Toilets- Replace toilet paper, hand towels, and hand soap as needed.

c. Water Closets and urinals shall be washed and sanitized. No rust or encrustation shall remain. Traps shall be maintained free from odor at all times. Wash basins shall be cleaned.

d. Mirrors, shelving, dispensers, and chromium fixtures shall be damp wiped and polished.

e. All other surfaces shall be spot-cleaned and horizontal surfaces dusted.

f. Paper towel receptacles shall be emptied, and towel, soap, and toilet paper dispensers serviced.

g. In addition, waste receptacles shall be emptied, and the rooms policed to remove paper, trash, or spillages on a schedule based on traffic.

h. Wipe off all soiled areas from walls.

3. Office Areas:

a. All wastebaskets will have a trash can liner. Wastebaskets shall be emptied, and the wastepaper and trash removed to the main disposal area. All trash will be placed in the tied garbage bag and placed in the trash dumpster outside the building.

b. The carpet areas are to be vacuumed to remove all obvious surface dirt from traffic areas and from under furniture.

c. Remove mats from under desks, vacuum carpets under desks, clean and replace mats.

d. Horizontal surfaces of desks shall be dusted with a treated dust cloth. Glass desktops shall be cleaned with an untreated cloth. Government employees shall be responsible for clearing off desktops. Desks not prepared shall be dusted on cleared areas only.

e. Wipe off all soiled area from walls.

4. Lobbies and Corridors

a. Floors shall be vacuumed and have a glossy uniform appearance free of scuffmarks, heel marks, wax build-up, and other stains and discolorations.

b. Receptionist counter shall be damp wiped and free from any dust, dirt, and fingerprints.

c. Wipe off all soiled areas from walls.

d. Drinking fountains shall be cleaned with suitable scale removers, germicide, and deodorants.

e. Enclosed light fixtures are free of dust, bugs, etc.

5. Outside Entrances

a. Sweep building approaches to remove dust or dirt.

b. The main and secondary entrances including foyer shall be swept or vacuumed.

c. Glass and kick plates on both sides of entrance and foyer doors shall be cleaned and polished.

B. Monthly

1. All wastepaper receptacles shall be damp wiped inside and out. If plastic bag liners are used, the liners will be replaced and needed.

2. Remove spots from carpeted areas.

3. Clean windows so they have no traces of film, dirt, smudges or water spots.

C. Other Services to be Performed

1. Every four months wash all windows both inside and outside and clean window tracks and window coverings.

2. Clean all venetian blinds during the months of March and September or at other times agreeable to the COR.

2.1.8 Contractor Personnel/Qualifications-The contractor shall provide qualified personnel. Contract personnel shall refrain from familiarizing themselves with or disturbing any books, papers, or other materials in any of the offices. Only the Contractor or employees of the Contractor will be allowed in the building or on the grounds of the Palisades Ranger District covered in this contract. The Contractor shall notify the Government, by email or telephone, immediately when employees quit, or new employees are hired before they start working in any facility. Children and pets are not allowed in the building or surrounding area. Exceptions must be approved by the Contracting Officer/Purchasing Agent. Any equipment in the building, including but not limited to, radios, typewriters, computers, faxes or copy machines shall not be used by the contractor or the contractor’s employees.

The Contractor is responsible for the door code/key to the building, which will be issued by the Government. The code shall not be shared with anyone.

2.1.9 Security- All outside doors shall remain locked while contractor performs work and contractor shall assure that all entrance gates, doors, and windows are locked after services are performed and the security of the building is maintained.

Turn off all unnecessary lights.

Ensure that any cleanser or cleaning solution used in the performance of janitorial services does not cause damage to government property.

Janitor closet areas shall be kept clean, neat, and odor free, remove all trash and soiled mop water.

The Government will not be responsible for damage to the Contractor’s and his/her employee’s personal belongings brought into the building.

Section III.

Contract Terms and Conditions

3.1. CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2)(FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/?q=browsefar

CLAUSES INCORPORATED BY REFERENCE:

3.2. CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (FAR 52.212-4)(OCT 2018)

ADDENDUM TO FAR CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (INCORPORATED BY REFERENCE ON STANDARD FORM 1449):

The following clauses are added to the terms and conditions in FAR 52.212-4

SYSTEM FOR AWARD MANAGEMENT (FAR 52.204-7)(OCT 2018)

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (FAR 52.204-9)(JAN 2011)

COMMERCIAL AND GOVERNMENT ENTITY CODE REPPORTING (FAR 52.204-16)(AUG 2020)

INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (FAR 52.204-19)(DEC 2014) PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (FAR 52.209-2)(NOV 2015)

CANCELLATION UNDER MULTI-YEAR CONTRACTS. (FAR 52.217-2)(OCT 1997)

AFFIRMATIVE PROCURMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (FAR 52.223-2)(SEPT 2013)

POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (FAR 52.223-5)(MAY 2011)

DRUG FREE WORK PLACE (FAR 52.223-6)(MAY 2001)

LIMITATION ON WITHOLDING OF PAYMENTS (FAR 52.232-9)(APR 1984)

EXTRAS (FAR 52.232-11)(APR 1984)

AVAILABILITY OF FUNDS (FAR 52.232-18)(APR 1984)

UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (FAR 52.232-39)(JUN 2013)

PROVIDING ACELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (FAR 52.232-40)(DEC 2013)

APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (FAR 52.233-4)(OCT 2004)

PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (FAR 52.237-2)(APR 1984)

STOP-WORK ORDER (FAR 52.242-15)(AUG 1989)

GOVERNMENT PROPERTY (FAR 52.245-1)(JAN 2017)

USE AND CHARGES (FAR 52.245-9)(APR 2012)

DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (FAR 52.249-8)(APR 1984)

CLAUSES INCORPORATED BY FULL TEXT:

3.3. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS. (FAR 52.212-5)(OCT 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b),…